Koleszar Wins Damages In Salary Dispute

April 30, 1986|By Goldie Blumenstyk of The Sentinel Staff

Former Orlando Police Chief William Koleszar Tuesday won his court fight proving the city reneged on a 1982 guarantee of two $4,000-a-year raises, but he failed to show the promise was intentionally misrepresented by the chief administrator.

The ruling by Orange County Circuit Judge Lon Cornelius means the city must pay Koleszar damages and $2,750 in salary promised -- but never paid -- by Mayor Bill Frederick and Chief Administrator Lex Hester.

But the former chief is not entitled to $16,762 in punitive damages he sought from Hester and the city.

Still, Koleszar said he felt vindicated by the 5 1/2-hour non-jury trial, which required Frederick and Hester to take the witness stand for 45 minutes each.

''I think I made my point, didn't I,'' said Koleszar, who said he did not sue over money but ''principle.''

Cornelius said he would decide today the amount of damages, which could involve interest on back salary and up to $16,000 more for the cost of higher house payments Koleszar assumed when he moved to Orlando from Arvada, Colo., to assume the post in February 1982.

Cornelius said he may also require the city to pay Koleszar's attorney's fees, which lawyer Matt Firestone said could run between $2,500 and $3,000.

''That's a disappointment,'' said Hester, who also was found negligent for misrepresenting the employment terms Frederick had laid out. ''Obviously I regret that,'' Hester said.

Frederick, meanwhile, sought to minimize the impact. ''It's hardly a victory for anybody,'' he said. ''I still think the case was immensely weak and there was hardly any great stake of principle involved.''

He said if the final damage award is in the range of $3,000 -- an amount the city originally offered to settle the case out of court -- he would let it die. ''If it's more than that, we may have to look at it'' for a possible appeal.

Much of the case centered on a Jan. 12, 1983, ''memorandum of understanding'' from Hester to Koleszar, which outlined the chief's negotiated starting salary of $49,000, promises of raises and benefit terms.

Firestone contended that Koleszar had considered the two-page document a contract and would not have moved 2,000 miles to assume the new job if not assured of the pay raises it outlined. ''I really needed some security to move my family,'' he testified.

Under questioning by City Attorney Bob Hamilton, however, Frederick and Hester testified that Koleszar knew neither the mayor nor the chief ad-

ministrator had the right under city law to guarantee salary increases. That authority rests with the city council.

Koleszar received a $1,000 raise and a $3,000 bonus in October 1983. ''At that point, I thought I had been misled,'' Koleszar testified. But since the total amounted to $4,000 and an 8 percent raise, he didn't complain.

In the next year, his pay was boosted to $54,250 -- 8.5 percent of his $50,000 base salary rather than an outright $4,000 increase -- and he objected to Hester and Frederick.

It was then that Frederick and Koleszar realized that Frederick's understanding of the terms was different than those Hester had outlined in the memo.

Koleszar also told Hamilton that he had requested the letter from Hester because Koleszar was a stickler for details.

He said he never thought to determine whether Frederick or Hester had the right to make those offers because it would be like ''questioning the integrity of the people'' with whom he was negotiating.